On Wednesday, October 10th, the Senate Judiciary Committee held a confirmation hearing on John Walters, President Bush’s proposed ‘drug czar.’

Walters’ written testimony before the Committee and the written testimony of various Senators are available:

John Walters, Nominee
Joseph Biden, Senator
Patrick Leahy, Senator
Orrin Hatch, Senator
Sam Brownback, Senator

Many Senators were very critical of Walters and his views, especially on drug treatment, mandatory minimums, and racial disparities in the drug war. While Walters handled most of the questions posed to him quite well, he could not adequately defend his record. Indeed, he often backtracked from long-held positions - a tactic referred to as a “confirmation conversion” in Washington.

Senator Joe Biden (D-DE), who chaired the hearing, gave the hearing’s opening remarks. Much of what he said was critical of Walters. While he emphasized that he had the utmost respect for John Walters, he noted that there are a number of issues on which he and Walters disagree.

"I am particularly troubled by Mr. Walters' many writings regarding drug treatment," he said. "He has written that the ‘view that therapy by a team of counselors, physicians and specialists is the only effective way to reduce drug use’ is a ‘myth.’ In contrast, the top doctors and scientists in the field of addiction believe that addiction is a chronic, relapsing brain disease and that addiction treatment is as successful as treatment for other chronic diseases such as diabetes, hypertension and asthma."

Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee, was equally critical of Walters.

“I do not doubt that John Walters has thought seriously about our nation’s drug problems,” Leahy said, “but I do doubt the conclusions that he has reached and forcefully expressed on issues ranging from drug treatment to interdiction to sentencing issues.” “In short, I’m not yet convinced that he is the right person to head the Office of National Drug Control Policy.”

Leahy criticized Walters heavily in four areas:

Walters’ lack of commitment to treatment: “Although Mr. Walters has not developed a lengthy record on treatment questions, some of his statements have caused great concern among those who care about treating drug addiction.”

Walters’ punitive criminal justice views: “Many of us - Democrats and Republicans - have come to question our reliance on mandatory minimum sentences for a wide variety of drug offenses, as well as the 100 to 1 disparity under current law between sentences for crack and powder cocaine. In his writings and statements, Mr. Walters has been hostile to reconsideration of these issues.”

Walters’ opposition to state medical marijuana laws: “Mr. Walters has responded to this trend by advocating that the federal Government use the Controlled Substances Act to take away the federal licenses from any physician who prescribes marijuana to a patient in states that permit the practice…In addition to running roughshod over any federalism concerns whatsoever, Mr. Walters’ draconian response raises questions about his sense of proportion.”

Walters’ support for escalation of the Latin American drug war: “I am concerned that Mr. Walters will seek to have the United States overextend its anti-drug role in Latin America…The costs - both financial and political - of our involvement in the internal affairs of Latin American nations require close scrutiny.”

Other Senators that criticized Walters on various grounds included Senator Ted Kennedy (D-MA), Senator Dick Durbin (D-IL), and Senator Herbert Kohl (D-WI). Senators that praised Walters included Senator Orrin Hatch (R-UT), Senator Jon Kyl (R-AZ), Senator Jeff Sessions (R-AL) and Senator Sam Brownback (R-KS).

Senator Hatch, the Ranking Member of the Committee, testified extensively in favor of Walters. He said that, “John Walters’ career in public service has prepared him well for this office.” He went on to add that Walters “has unparalleled knowledge and experience in all facets of drug control policy.”

Senator Kyl also testified extensively in favor of Walters, but used half of his allotted question-asking time to attack the Lindesmith Center - Drug Policy Foundation, which has been leading the charge to defeat Walters, and the Coalition for Compassionate Leadership on Drug Policy, which issued a non-partisan analysis of Walters’ views in September.

While Walters spent several hours answering questions from Senators, he spent most of the time detailing his job experience, and little time discussing the controversial statements he has made. Despite a record of consistently favoring incarceration over drug treatment, Walters told Senators that he favored a balanced approach to the problem of drug abuse.

“I have always believed that the fundamental elements of effective drug control policy are consistent with common sense,” he told Senators. “We need to prevent young people from experimenting with drugs. We need to help those who have become addicted get off and stay off drugs. We need to use the coercive power of the criminal justice system and other supply reduction programs to support the domestic prevention and treatment efforts, as well as pressuring and disrupting drug trafficking organizations.”

The Senate Judiciary Committee could vote on Walters as early as two weeks from now.